Oral Notice to Tenant Insufficient

LVT Number: 6846

The DRA granted landlord's application for MCI rent hikes. Tenant appealed, claiming that her vacancy lease didn't say anything about a pending MCI application, nor did it list the installations. In response, landlord claimed that he'd personally informed tenant of the details of the MCI application. The DHCR ruled that tenant wasn't subject to the MCI rent increase during the term of her vacancy lease. The rent stabilization code requires landlord to inform prospective tenants of pending MCI proceedings by including a provision in their vacancy leases. Oral notice isn't enough.

The DRA granted landlord's application for MCI rent hikes. Tenant appealed, claiming that her vacancy lease didn't say anything about a pending MCI application, nor did it list the installations. In response, landlord claimed that he'd personally informed tenant of the details of the MCI application. The DHCR ruled that tenant wasn't subject to the MCI rent increase during the term of her vacancy lease. The rent stabilization code requires landlord to inform prospective tenants of pending MCI proceedings by including a provision in their vacancy leases. Oral notice isn't enough.

85-04 Forest Parkway, Apt. 1D: DHCR Adm. Rev. Dckt. No. GA 110427-RT (2/2/93) [3-page document]

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